3:26-cv-00434•Domingo Martin v. Divver et al
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1 26-cv-0434-JES-VET 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA NICOLAS DOMINGO MARTIN, Petitioner, v. PATRICK DIVVER, San Diego Field Office Director, Immigration and Customs Enforcement and Removal Operation (“ICE/ERO”); TODD LYONS, Acting Director of Immigration and Customs Enforcement (“ICE”); KRISTI NOEM, Secretary of the Department of Homeland Security (“DHS”); PAMELA BONDI, Attorney General of the United States; in their official capacities; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; U.S. DEPARTMENT OF HOMELAND SECURITY (“DHS”); and EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, Respondents. Case No.: 26-cv-0434-JES-VET ORDER FOR BOND HEARING [ECF No. 1] Before the Court is Petitioner Nicolas Domingo Martin’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Petition”) and Motion for a Temporary Restraining Order (“TRO”). ECF Nos. 1, 2. Both the Petition and the motion for TRO were filed on Case 3:26-cv-00434-JES-VET Document 8 Filed 01/30/26 PageID.<pageID> Page 1 of 2
2 26-cv-0434-JES-VET 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 January 23, 2026. Id. Pursuant to the Court’s OSC order, Respondents filed a response. ECF No. 6. In the response, Respondents acknowledged that Petitioner must be considered detained under 8 U.S.C. § 1226(a), pursuant to the final judgment entered in Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3289861 (C.D. Cal. Nov. 20, 2025). Id. at 2. Accordingly, the Court GRANTS IN PART the petition as follows: (1) The Court ORDERS Respondents to provide Petitioner with a bond determination hearing under 8 U.S.C. § 1226(a) within ten days of this Order. At the hearing, Respondents may not deny Petitioner bond on the basis that she is detained under 8 U.S.C. § 1225(b)(2); and (2) Respondents are ORDERED to File a Notice of Compliance within five days of providing Petitioner with a bond redetermination hearing, including apprising the Court of the results of the hearing. Pending the status report, the Court will hold in abeyance the merits of the remainder of the relief Petitioner requests in his petition. IT IS SO ORDERED. Dated: January 30, 2026 Case 3:26-cv-00434-JES-VET Document 8 Filed 01/30/26 PageID.<pageID> Page 2 of 2
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